Baliram Ray And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1921 of 2019 ====================================================== 1.

Baliram Ray and Anr S/o late Mahjan Ray Resident of VillageChamanpura, P.O. and P.S.- Baikunthpur, Distt. Gopalganj. 2.

Dudhnath Ray S/o late Nayak Rai Resident of Village- Chamanpura, P.O. and P.S.- Baikunthpur, Distt. Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Collector, Gopalganj, P.S. and District-Gopalganj.

2.

The Sub Divisional Officer, Gopalganj, P.S. and District- Gopalganj. 3.

The Anchala Adhikari, Baikunthpur, P.O. and P.S. Baikunthur, Distt. Gopalganj.

4.

Jawahar Rai S/o Sri Basu Rai Resident of Village- Chamanpura, P.O. and P.S. Baikunthpur, Distt. Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D.K.Sinha, Sr. Adv.

Mr.Umeshanand Pandit, Adv.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 For the Respondent No. 4:

Mr. Sanjay Kumar Pandey No. 5, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-08-2022 Though the present writ petition was filed for quashing the notice dated 22.12.2018 passed by the Circle Officer, Baikunthpur, DistrictGopalganj i.e. the Respondent No. 3 in connection with Encroachment Case No. 6/2017-2018, however, the learned Senior Counsel for the petitioners has limited his prayer to grant of liberty to the petitioners to file their show cause reply before the Respondent No. 3, nonetheless seeks

Patna High Court CWJC No.1921 of 2019(4) dt.08-08-2022 2/2 some protection, in the meantime.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file appropriate reply before the Respondent No. 3 in the aforesaid encroachment proceedings within a period of four weeks from today, which shall be considered by the Respondent No. 3 and appropriate orders shall be passed, in accordance with law, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, within a period of twelve weeks, thereafter.

It is needless to state that for a period of sixteen weeks from today, status quo, existing as on today, shall be maintained.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U